The following Project commitments and mitigation measures have been identified for the
Selected Alternative. Additional measures may also be implemented as necessary.

Air Quality

During construction, several measures may be undertaken to reduce potential emissions
including engine reduction activity reduction of emissions per unit of operating time, and
maintenance and upkeep of construction equipment. Construction dust associated with exposed
soils would be controlled, if necessary, with the application of water and other approved dust
palliatives. MDOT would also require measures that reduce engine activity or reduce emissions
per unit of operating time. Construction equipment would be kept clean and in good operating
condition. MDOT’s Standard Construction Specification Sections 107.15(A) and 107.19 apply
to control fugitive dust during construction and cleaning of haul roads. All MDOT vehicles and
equipment must follow MDOT Guidance #10179 Vehicle and Equipment Engine Idling.

Noise and Vibration

MDOT would implement mitigation measures for temporary impacts, including construction
contract specifications that require that the contractor adhere to Federal, state, and appropriate
local noise abatement and control requirements. Noise would be controlled by measures such as,
but not limited to, ensuring construction equipment is in good repair and fitted with manufacturer
recommended mufflers.

Water Quality

During construction, MDOT would protect surface waters and storm sewer systems through the
use and enforcement of Soil Erosion and Sedimentation Control measures and the applicable
National Pollutant Discharge Elimination System Permits. These permits employ best
management practices (BMPs) such as silt fences, check dams and appropriately sized sediment
basins. Following construction, permanent BMPs would be implemented as needed to reduce
any potential impacts to water quality. These BMPs may include permanent seeding,
establishment of no-mow zones near or adjacent to water courses, detention basins with
restricted outlets, and the use of native vegetation.

Wetlands

During final design, MDOT would review the Project to ensure that the proposed improvements
do not extend beyond the existing railroad embankment. If staging areas, temporary access
roads, or other temporary features are identified during final design, MDOT would determine
whether wetlands are impacted, and would ensure that practicable measures are evaluated to
avoid and minimize such impacts. If temporary impacts are identified, but cannot reasonably be
avoided, they would be mitigated. Contractors would be required to evaluate the potential for
wetland impacts resulting from the chosen construction sequence, access points, maintenance of
traffic, and methods of construction. If impacts are identified, the contractor would be required
to prepare a DEQ permit application for submission to, and review by, MDOT.

20


Demographics

The Line traverses through many large metropolitan areas, as well as rural areas, in southern
Michigan. The U.S. Census Data Estimated 2009 Total Population for each county within the
Project area varies from over 1.9 million people in Wayne County to 135,616 people in Calhoun
County. The Project would not displace any businesses or residences and would not adversely
affect the demographics of the study area.

Economic Resources
Currently, Michigan has one of the highest unemployment rates in the Country. Michigan's
statewide average unemployment rate is almost 11 percent, while the national average is
approximately 9 percent (January, 2011).

MDOT used the Regional Input-Output Modeling System (RIMSII) methodology to forecast
employment effects of the construction activities. The Project would generate 265 construction
jobs and would generate 1,770 permanent jobs after the first year of the improvements being
completed. Within five years of Project completion, 2,650 permanent jobs would be generated
as a result of the Project (MWRRS Service Development Plan — Chapter 11 of the Project
Notebook). New employment opportunities may be generated by businesses in the area that may
wish to expand their operations or open new businesses to accommodate people who seek
services within close proximity to the stations along the Line. Construction jobs and permanent
employment opportunities would help the state and local economy and would improve the
commodity flow at national and international levels.

Community Cohesion
The Project would have temporary impacts on communities adjacent to the Line during
construction of the proposed improvements. Such temporary impacts would include temporary
delays at railroad crossings, temporary changes in traffic patterns, and additional construction
noise and dust during the construction.

Safety and Security
The Project would improve safety along the Line by adding additional signals and crossing gates,
including four-quadrant crossing gates that would block all highway lanes when trains pass
through crossings. The installation of signalization and grade crossing improvements along the
Project would also benefit passenger and freight users by increasing reliability and reducing
travel times. There are existing security cameras and lighting at train stations and crossings. No
additional security measures would be implemented as part of this Project.

Possible Barriers to the Elderly and Handicapped

No barriers to use by the elderly or the handicapped have been identified for the Project.

Environmental Justice

14


Conclusion

FRA finds that the Project, as presented and assessed in the attached August, 2011 EA, satisfies
the requirements of FRA's Procedures for Considering Environmental Impacts, and has
determined that this Project will have no foreseeable significant impact on the quality of the
human environment. This Finding of No Significant Impact is based on the EA, which was
independently evaluated by FRA and determined to adequately and accurately discuss the need,
environmental issues, impacts of the proposed Project and appropriate mitigation measures. The
EA provides sufficient evidence and analysis for determining that an Environmental Impact
Statement is not required.

4, C hele Me | 4

Joseph C. Szabo, Administrator Date

Federal Railroad Administration

This document has been prepared in accordance with FRA’s Procedures for Considering
Environmental Impacts by the Office of Railroad Policy and Development, with assistance from
the Office of Chief Counsel. This document was prepared in September, 2011. For further
information regarding this document, contact:

Andréa E. Martin

Environmental Protection Specialist
1200 New Jersey Avenue SE
Washington, DC 20590

Phone: (202) 493-6396

24


and signal work activities. The renewal of the signal system would include the installation of
PTC, active warning devices and four-quadrant gates at grade-crossings and enhanced warning
device timing. MDOT would perform these activities in a prioritized sequence to eliminate the
areas where trains experience the worst train delays due to signal failures. MDOT would install
new bungalows in locations to be determined during final design to contain the necessary signal
equipment including, PTC equipment, and warning device activation systems and links to the
rest of the system through the fiber optic network. An estimated 25 computerized servers with
exact locations yet to be determined would provide information links between locations via radio
and the fiber optic backbone. MDOT would install radio communications antennas at each
server location to provide information to trains and to communicate with dispatch personnel.
MDOT would install flashers and gates at all of the approximately 65 private crossings and
would extend crossing starts in areas where train speeds could be raised to 79 mph. All of the
proposed infrastructure improvements would occur within the existing railroad ROW, 50-feet
from the center of the track on each side. Funding for the construction of Phase 3 is
approximately $136.5 million in federal funding. Phase 3 would be completed over three
construction seasons, beginning in 2012 and concluding in 2014.

Benefits of the Selected Alternative

The Project was identified as the Preferred Alternative in the EA because it meets the purpose
and need, and, compared to the No-Build Alternative, it provides the greatest benefits for
passenger and freight rail service.

The Project, which is part of the Chicago-Detroit/Pontiac High Speed Rail corridor, would:
provide benefits to the surrounding communities through improved mobility options, including
for the elderly and people with disabilities; increase accessibility for economic development;
reduce congestion; improve grade crossing safety; and provide environmental benefits, such as
reduced air pollution emissions.

While the Project does not directly increase track capacity, the resulting service benefits would
likely result in increased ridership and possibly longer passenger trains. Additionally, the
improvements in reliability and travel time could indirectly benefit land use by providing a
stimulus to new development, particularly in the vicinity of stations that are located within a
reasonable commuting time of employment centers, and on sites where it would be feasible to
construct a railroad spur.

Environmental Consequences

MDOT has analyzed the Project's environmental impacts in the EA. Based upon the EA,
included by reference in this FONSI in its entirety, FRA has concluded that the Project,
including proposed mitigation measures for unavoidable impacts, would have no foreseeable
significant impact on the quality of the natural and human environments. This FONSI focuses
only on those resources that have a reasonable likelihood to be affected by the proposed action.


Ecologically Sensitive Areas and Threatened or Endangered Species

To address potential temporary effects to the Eastern Box Turtle and Blanding’s Turtle. MDOT
will include the following “Turtle Statement” to all construction plans:

“Records for protected turtles exist within or near this Project area. These turtle species
warrant special consideration as they are rare in Michigan. In the event that turtles are
observed within the construction zone, move the turtle(s) into adjacent vegetative cover,
away from physical work activities. If possible, please take a photo and immediately
contact MDOT ‘s Ecologist, to confirm identification.”

The statement would be added to the plan set and would be discussed with construction staff
prior to initiating work on the Project.

Similarly, to. mitigate potential impacts to the Eastern Massasauga Rattlesnake during
construction, MDOT would also add the following statement to the plan set, and would discuss
the statement with construction staff prior to initiating work on the Project.

“Records for the Eastern Massasauga Rattlesnake exist within or near the Project area.
This venomous snake is a State Special Concern and Federal Candidate species that
warrants special consideration. In the event that this species is discovered during
construction, immediately move personnel away from the snake and call Richard
Wolinski, MDOT Ecologist, at (517) 335-2633 for assistance.”

MDOT would complete additional seasonal surveys to determine if construction impacts could
occur to state listed plant species. If impacts to these species are identified then a State of
Michigan Endangered Species Permit would be required from the MDNR. This permit would
require avoidance and minimization strategies to lessen impacts. Work would not proceed in
affected areas until a permit has been issued. If appropriate, MDOT will identify on design plans
areas requiring protective fencing to avoid potential impacts to state listed species.

If individuals of protected species cannot be avoided then impacts would be documented within
the permit application. If appropriate, MDOT may use habitat restoration activities to mitigate
unavoidable impacts. Conditions included in the MDNR permit may also require plants to be
transplanted by MDOT (when feasible) to a new location to protect them. If required, MDOT
would complete monitoring after construction to document any changes to the remaining plants,
populations, and sites, and to document the effectiveness of the transplanting efforts.

Floodplains

During final design, MDOT would review the Project to ensure that the proposed improvements
do not extend beyond the existing railroad embankment. If staging areas, temporary access
roads, or other temporary features are identified during final design, MDOT would determine
whether floodplains are impacted, and would ensure that practicable measures are evaluated to
avoid and minimize such impacts. If temporary impacts are identified, but they cannot

21


construction site would be reviewed to ensure that the above measures are carried out, and to
determine if additional protection is required. MDOT may employ additional control measures if
concerns are identified.

Public Coordination

The proposed improvements are part of the Chicago to Detroit/Pontiac Corridor and part of the
Midwest Regional Rail Initiative (MWRRI), for which information has been made available to
the public through MDOT’s public web site for several years. Most recently, the concepts of
high speed rail and the MWRRI have been presented to the citizens of Michigan through the
development of Michigan’s State Long Range Transportation Plan. The results of public
involvement for the State Long Range Transportation Plan revealed solid interest on the part of
the public for increased choices in the modes of available transportation choices, and
improvement in connectivity among the different modes. Long range planning at the
Metropolitan Planning Organization (MPO) level has also included public involvement and
dissemination of information to the public about the MWRRI and local sections of the larger
Chicago-Detroit/Pontiac Corridor such as the link between Dearborn to Kalamazoo.

A preliminary Service NEPA EA was prepared in October 2009 for the entire rail corridor,
which included the NS Railway Section. This document was made available for public
reviewing on MDOT’s public website and copies of the document were placed at various
locations in Southern Michigan. MDOT received numerous comments supporting the
improvements to NS Railway Line as well as other sections of the Chicago to Detroit/Pontiac
Corridor.

MDOT is currently completing a State Rail Plan which includes improvements to the NS
Railway Line. MDOT held a series of public meeting sessions in Detroit and Battle Creek in the
Fall of 2010 and another series in June 2011 at different locations throughout the state during
development of the Plan. Overall, the public have strongly supported the Plan.

23


to control fugitive dust during construction and cleaning of haul roads. All MDOT vehicles and
equipment must follow MDOT Guidance #10179 Vehicle and Equipment Engine Idling.
Additionally, sediment and erosion control measures would be used to minimize any water
quality impacts during construction. Any minor temporary water quality impacts would cease
upon completion of construction.

During construction, the Project would impact vehicular traffic by detouring vehicular traffic to
the next available railroad crossing. However these impacts would be short-term and
coordination with the local populace would be undertaken in order to notify motorists and non-
motorists of the detour routes. The use of detours would also have temporary impacts on
residents and business owners that live in proximity to the construction area. These short-term
impacts to motorists, non-motorists, residents, and business owners include: longer travel times:
changes in traffic patterns: increase in ambient noise levels; and fugitive dust.

During the construction of the Project, MDOT would close each of the railroad crossings and
would divert vehicular traffic to the nearest crossing remaining open during construction. Work
on each of the crossings would take 3-4 days. It is expected that track infrastructure
improvements and train control and signal improvements would be done over three construction
seasons.

Implementation of the Project would not result in significant construction impacts.

Indirect and Cumulative Impacts

The Council on Environmental Quality (CEQ) regulations define indirect (secondary) impacts as
those that are “...caused by the action and are later in time or farther removed in distance, but are
still reasonably foreseeable. Indirect effects may include growth inducing effects and other
effects related to induced changes in the pattern of land use, population density or growth rate,
and related effects on air and water and other natural systems, including ecosystems” (40 CFR §
1508.8b). Cumulative effects are defined as “...the impact on the environment which results
from the incremental impact of the action when added to other past, present, and reasonably
foreseeable future actions regardless of what agency (federal or nonfederal) or person undertakes
such other actions. Cumulative effects can result from individually minor but collectively
significant actions taking place over a period of time” (40 CFR § 1508.7).

There are no growth-inducing indirect effects which are reasonably foreseeable as a result of the
project. Proposed improvements to the Line, together with other foreseeable Chicago-
Detroit/Pontiac High Speed Rail Corridor improvements, would cumulatively provide benefits to
the communities. As described in the Environmental Assessment, these benefits include:
improved level and quality of passenger rail service (mobility) for everyone including the elderly
and people with disabilities, and reduction of congestion and travel times.

18


Ecologically Sensitive Areas and Threatened or Endangered Species

The U.S. Fish and Wildlife Service (USFWS) and the Michigan Department of Natural
Resources (MDNR) Wildlife Division were contacted to determine the potential presence of
federal or state-listed threatened or endangered species.

According to the USFWS, an area of concern for the Line includes one federally endangered
animal species, Indiana Bat; and, one federal candidate animal species, Eastern Massasauga
Rattlesnake. No federally listed plant species are known to occur within the Project corridor.
The Project would not impact the federally endangered Indiana Bat because the Project would
not require the cutting of trees that have the potential to serve as either roosting or maternity sites
within the existing ROW or at existing stations. based upon site inspections conducted in 2009.

The federal candidate species, Eastern Massasauga Rattlesnake, would not be affected since the
proposed work would take place within the ROW areas that do not offer suitable hibernation,
basking, or foraging habitats.

In addition, a Phase I Endangered Species office review was completed for state animal and plant
threatened and endangered species identified below that are protected by the State of Michigan's
Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994,
Part 365.

The Project would not directly or indirectly impact any of the state listed threatened or
endangered animal species or their habitat, including those that are known to occur within the
Kalamazoo River and the Huron River. There are turtles of conservation concern associated
within the Project area, including the Eastern Box Turtle, Terrapene carolina carolina and
Blandings Turtle, Emydoidea blandingii, and the state threatened Spotted Turtle, Clemmys
guttata. The Project would not have permanent impacts to these species, as their habitat
(streams, rivers, and wetlands) would not be impacted by the project. Suitable upland habitat for
terrestrial vertebrate species beyond the existing ROW would not be permanently affected.
However, the Eastern Box Turtle and Blanding’s Turtle are more terrestrial in their habit during
the warmer months of the year. These two species may avoid using resources directly adjacent
to the tracks when work activity is taking place and, as such, the construction activity could have
a temporary effect to the species. Commitments to address these temporary impacts are
identified later in this document.

The Project area contains 22 state listed plant species at multiple locations which are listed as
endangered (E), threatened (T), or special concern (SC) in the State of Michigan. In addition,
there are documented ecologically sensitive natural areas located adjacent to the Line. A
detailed plant survey completed in the summer of 2011 at known site locations indicates that
these plant species would not be impacted because of their distance from the Line (more than
1500 feet). Several of these species, where found, also have natural vegetative buffers that will
protect them from potential impacts.

10


any county because projected emission levels would be below the applicable de minimis
thresholds.

The Project does not have the potential to exceed the NAAQS, or lead to the establishment of a
new nonattainment area, or delay achievement of standard attainment. The Project will, over
time, improve the air quality in this railway section by travelers diverting from air, bus and auto
to rail travel.

Since the Project would not create a new, permanent source of air pollution, no significant
impacts on air quality are expected.

Noise and Vibration

Existing passenger and freight rail activity at existing crossings, and vehicular traffic on adjacent
roadways, account for the majority of the existing noise and vibration present in the Study Area.

The Project does not include any new service or an increase in the number of daily trains. The
areas along the Line are already accustomed to noise from rail traffic, both freight and passenger.
The Project would moderately increase noise levels as passenger train speed is raised from 79
mph to an anticipated 110 mph. However, this increase would be offset by decreased noise with
the installation of continuous welded rail (CWR). The upgrade of the existing rails from jointed
to CWR would eliminate the clacking noise typically associated with trains and would decrease
the overall noise levels.

There are no ground-borne vibration or noise impacts expected from the Project. The Project
will have no significant impact in terms of noise and vibration.

Water Quality

The existing Line crosses municipal wellhead protection areas (WHPA) in Chelsea, Jackson,
Albion, and Kalamazoo. Existing railroad land use was taken into account during the
development of these WHPA. In addition, there would not be new impacts to the WHPAs. The
proposed action would not create a significant amount of impervious area or require a new
WHPA to be built. Construction impacts would be limited to potential occurrences of sediment
runoff, which will not affect groundwater. As such, there would be no significant impacts to the
WHPAs.

The existing Line also crosses and is directly adjacent to waters of the State of Michigan,
including lakes, streams, county drains, and four major rivers, at approximately 86 locations.
Seven of the 86 crossing locations are water-bodies that are considered especially sensitive to
water quality alterations. Three of the streams, Rice Creek, Augusta Creek and Canal Race, are
classified as trout streams. Four crossing locations, the Rouge River, Geddes Pond/Huron River,
the Huron River, and the Grand River do not meet State water quality standards and have
approved Total Maximum Daily Loads (TMDLs) for pollutants, including Escherichia coli (E.
coli), biota, and dissolved oxygen.


The following resources would not be affected by the Project: solid waste disposal systems:
ecological systems; use of water, mineral, or timber resources; and wild and scenic/natural rivers.

Thus, these resources are not discussed in this finding.

The potential of the Project to result in an environmental impact is described as follows.

Air Quality

The Project is located within five Michigan counties: Kalamazoo, Calhoun, Jackson,
Washtenaw, and Wayne. All counties are in attainment or maintenance for 8-hour ozone
requirements and other criteria pollutants, except Washtenaw and Wayne Counties which are in
nonattainment for fine particulate matter (PM 2.5).

The Project will rehabilitate the existing track by improving track conditions and signals between
Dearborn and Kalamazoo, as detailed under the Proposed Action section of this FONSI. No
track capacity will be added to the existing rail corridor, and the existing volume would be
maintained after the Project is constructed. An air quality conformity analysis was completed
that calculated estimated emissions (in tons) for the activities associated with constructing the
Project, as follows:

¢ = Total tie replacement-206,000;

e Track resurfacing:

¢ Rail Replacement100,000 linear feet;

e Switch tie replacement-3,600;

e Renewing signals and train controls;

e Warning devices installation

¢ Repair of grade crossing; and

¢ Installation of the Positive Train Control (PTC)

The equipment and horsepower used for each activity, and in most cases, operational time was
provided by MDOT. In those cases where information regarding operational time was not
provided, assumptions were made, as documented in the EA. Project construction is estimated to
take place over a two to three year period. However, since a proposed schedule of activities per
county is not currently available, it was assumed for the worst case scenario that the construction
and maintenance activities in any one county will occur during the same year.

A comparison of estimated emissions to the de minimis thresholds (indicated in 40 CFR 93.153)
determined that the Project will not require a formal conformity determination for activities in


The proposed improvements to the facility would, over time, result in an increase in ridership,
new businesses and employment opportunities, and economic growth associated with the
improved mobility of the facility. The improvements in reliability and travel time could
indirectly affect land use by providing a stimulus to new development, particularly in the vicinity
of stations that are located within a reasonable commuting time of employment centers, and on
sites where it would be feasible to construct a railroad spur. These cumulative impacts resulting
from the economic benefits of growth may result in additional impacts to natural or cultural
resources. However, because of the limited impact to these resources caused directly by the
project, the project’s contribution to cumulative effects would be minimal.

The Project would not result in any significant adverse indirect or cumulative impacts.

Commitments and Mitigation Measures

The following Federal regulations, statutes, and orders apply to this Project:
* Clean Water Act of 1977 (33 USC § 1251-1376)
+ Endangered Species Act (50 CFR 17)
* Executive Order 11988, Floodplain Management (42 Federal Register [FR] 26951)
* Executive Order 11990, Protection of Wetland (42 FR 26961)

+ Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629)

+ Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (65 FR 50121)

* Federal Railroad Administration Procedures for Considering Environmental Impacts (64
FR 28545)

* National Environmental Policy Act of 1969 (42 USC § 4321 et seq., signed January 1,
1970)

+ Regulations for Implementing the Procedural Provisions of the National Environmental
Policy Act (40 CFR 1500-1508)

* Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 USC § 303)
* Section 6(f) of the Land and Water Conservation Act of 1965 (16 USC § 460)

* Sections 9 and 10 of the Rivers and Harbors Act of 1899 (33 USC § 401)

* Section 106 of the National Historic Preservation Act, as amended (16 USC § 470)
¢ Section 404 of the Federal Water Pollution Control Act (33 USC § 1344)

* Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (42 USC § 61)

¢ Americans with Disabilities Act of 1990 (42 USC Chapter 126, and 47 USC Chapter 5)

19


regulations and shall control erosion and prevent sediment related to the Project from entering
waters of the State of Michigan or leaving the ROW. MDOT must ensure that the site is
inspected by a certified construction stormwater operator once per week, and within 24 hours
after every precipitation event that results in a discharge from the site, to ensure that any needed
corrective actions are carried out.

Energy Conservation and Use

The short and long-term environmental impacts of construction would be minimized through
resource conservation, and the use of energy-efficient and ecologically responsible materials,
systems and techniques. Once construction has been completed, the Line will be more efficient
for passengers and may encourage a mode-shift from automobiles to transit, which could reduce

energy consumption.
The Project would have no significant impact in terms of energy conservation and use.

Prime and Unique Farmlands

A review of the Line indicates that there are Michigan Farmland and Open Space Public Act 116
(PA 116) parcels adjacent to rural areas. However, since none of these lands would be acquired
in these rural areas, a PA 116 review is not required. The Project does not require conversion of
agricultural land, grading permits, or easements for any of the planned improvements.

The Project would not have a significant impact on prime and unique farmland.

Wetlands

Based on the National Wetlands Inventory (NWI) mapping, wetlands are located along the Line.
The Line includes a number of culverts and bridges to allow streams to flow beneath the railroad
embankment. The proposed improvements do not include any alterations of existing bridges.

During final design, MDOT would review the Project to ensure that the proposed improvements
do not extend beyond the existing railroad embankment. If staging areas, temporary access roads,
or other temporary features are identified during final design, MDOT would determine whether
wetlands are impacted, and would ensure that practicable measures are evaluated to avoid and
minimize such impacts. If temporary impacts are identified, but they cannot reasonably be
avoided, these impacts will be mitigated. By special provisions of the construction contract, the
contractor would be required to evaluate the potential for wetland impacts resulting from the
chosen construction sequence, access points, maintenance of traffic, and methods of
construction. If impacts are identified, the contractor would be required to prepare a Michigan
Department of Environmental Quality (DEQ) permit application for submission to, and review
by, MDOT.

The Project would have no significant impact to wetlands.


Dearborn to Kalamazoo Corridor Acquisition and Improvements
Dearborn to Kalamazoo
Michigan

Federal Railroad Administration

FINDING OF NO SIGNIFICANT IMPACT

The Michigan Department of Transportation (MDOT) has proposed to acquire and then to
construct certain improvements (the Project) to a 135-mile section of rail line, currently owned
by Norfolk Southern Railway (NS), which extends from Dearborn to Kalamazoo in southern
Michigan (the Line). Specifically, the Project consists of a series of infrastructure investments to
the Line between milepost (MP) 7.5 and MP 143.7, including upgrading the existing signal
system, adding positive train control (PTC), grade crossing improvements, and replacing track.
ties, and ballast to bring the line into a state of good repair and to allow 110-mph passenger
operations. In addition, the Project would involve acquisition of the Line to establish long-term
stability for corridor maintenance and operations.

The Project would support the existing National Passenger Railroad Corporation (Amtrak)
service between Detroit-Pontiac, Michigan and Chicago, Illinois, as well as the planned Midwest
High Speed Rail service between Detroit and Chicago. The NS Line is part of a federally-
designated High Speed Rail (HSR) corridor. Freight and passenger rail services currently
operate on the Line. Because of a decline in freight business along the Line, NS has indicated
that it can no longer justify maintaining track standards to allow for passenger trains to operate at
79 mph. NS has stated that their existing freight business only requires that the track be
maintained to allow for train operation at 25 mph. As a result, NS has started implementing a
plan to downgrade the Line over the next few years by issuing a series of time table speed
reductions. The initial series of time table speed reductions were issued on July 1, 2010, and
reduced passenger speeds from 79 mph to 60 mph on 41.2 miles of track (from Ypsilanti to
Battle Creek at MP 28.1 to MP 51.9 and MP 124.4 to MP 132) and to 25 mph on a few shorter
segments of the Line (took effect in July, 2011). NS plans to issue an additional series of time
table speed reductions over the next few years, and will expand 60 mph passenger speeds to the
entire Line by the end of 2012.

Amtrak, with assistance from NS, performed a study to determine the infrastructure upgrades
needed to provide 110 mph passenger train service on the Line, in the event that federal funding
became available to acquire and improve the Line.

The Federal Railroad Administration (FRA) issued a Notice of Funding Availability (NOFA) for
the High-Speed Intercity Passenger Rail (HSIPR) Program in April, 2010. MDOT was selected
by FRA for Phase | of the Kalamazoo Service Development Program (the Program), which
consists of the acquisition of the Line. In 2011, MDOT was also selected for funding under


near Schafer Road in Melvindale, upriver from the Turning Basin. This jurisdictional cut-off is
downstream of the easternmost limit of the Line. The jurisdictional cut-off for the Huron River
is the US-24 bridge at Flat Rock, which is also downstream of the Project area in this watershed.
Jurisdictional authority for the Kalamazoo River extends from Lake Michigan approximately
31.5 miles upriver to the Allegan Dam, which is downstream from the westernmost limit of the
Project area.

All of the watercourses traversed by the Line are located upstream, or outside of, the
jurisdictional boundaries of the USACE, and do not fall under the definition of navigable waters
under the Rivers and Harbors Act of 1899. Therefore, coordination with USACE is not required.

The Project would have no significant impact on navigable waterways.

Transportation

The Project would reduce congestion for passenger and freight trains operating on the Line.
Travel times for both passenger and freight trains would be reduced and on-time arrival rates
would improve due to increased train speeds and fewer delays. In addition, improvements to the
existing signal system would safeguard and improve the efficient flow of passengers and freight,
and would reduce delays by 12 minutes for passenger rail trains. As a result of the reduction in
delays, passenger and freight rail travel would be more reliable and predictable. Furthermore,
reductions in travel time and increased reliability could result in a moderate reduction in shipping
costs and may attract new rail freight shipments to the corridor, as well as new businesses that
rely on rail for freight shipment. These beneficial effects for freight rail could extend throughout
Michigan and into the Midwest.

The Project would likely result in an increase in passenger rail ridership that could be
accommodated with current train frequencies, which would reduce traffic congestion and travel
demand on the adjacent I-94 highway corridor from Dearborn to Kalamazoo. The Project would
not be expected to delay vehicular traffic at rail crossings or increase traffic congestion (the
increased train speeds would reduce the delay time at highway-rail at-grade crossings).

The safety of pedestrians and bicyclists would not be impacted by higher speed trains resulting
from the Project, as the railroad crossings would employ signals and four-quadrant gates.
Furthermore, pedestrians and motorists would not experience any permanent change in travel
patterns because all of the proposed crossing locations already exist.

During Project construction, there would be some impact on both rail traffic and vehicular
traffic. Current freight service on the Line is approximately eight trains per day. Current
intercity passenger rail service on the Line is six one-way trains per day. Working in
conjunction with the local communities and stakeholders, construction would be scheduled for
non-peak times, including nights and weekends, to minimize the impact to existing services.
Passenger and freight rail traffic would be slowed through each construction site, resulting in a
temporary increase in travel time; however, the number of trains would not be reduced.

12


In areas where surveys have not been completed, impacts may occur to unidentified state listed
endangered, threatened or special concern plant species during construction. Additional
commitments are described later in this document to address potential construction impacts to

these species.

Floodplains

All of the major rivers and their tributaries that cross this Line have Federal Emergency
Management Agency (FEMA) - Flood Insurance Rate Mapped (FIRM) 100-year floodplain
areas. The elevation of the existing railroad embankment is above the 100-year flood elevation.
Although 1.5 to 2 inches of new ballast would be added to prepare the railbed for the proposed
track improvements, this addition of ballast would not occur within the 100-year floodplain. The
existing footprint of the roadbed within the Project area would not be expanded. There would be
no alteration of any existing structures and no direct or indirect impacts to floodplains.

The Project would not result in an impact to natural and beneficial floodplain values,
specifically, flood attenuation and storage, water quality, groundwater recharge, biological
productivity of fish and wildlife, and agricultural and forestry resources. The Project would not
directly or indirectly support new development in floodplains because existing local ordinances
are sufficient to prevent new development from proceeding in floodplains, and there is no
shortage of available development sites outside the floodplain limits. The infrastructure
improvements associated with the Project would not occur within the limits of the 100-year
flood, would not change the opening beneath any structures or culverts, and would not result in
flooding of a community’s sole evacuation route. Therefore, the Project would not increase the
risk of flooding and would not result in impacts to human safety, health, and welfare.

The Project would not result in significant impacts to floodplains.

Coastal Zone
The Line is outside of the Michigan Coastal Zone Management Boundary. Therefore, no

federal consistency review from DEQ is required.

There are no coastal barrier resources, critical dunes or high risk erosion areas immediately
adjacent to the Line. As such, the Project would not impact coastal resources.

Navigable Waterways

The Line traverses three major Michigan rivers and their tributaries: the River Rouge, the Huron
River, and the Kalamazoo River. Currently, Section 404 of the Clean Water Act is delegated to
the State of Michigan.

According to the US Army Corps of Engineers (USACE) Detroit District List of Navigable
Waters of the U.S., updated in 2010, the upper limit of navigability, and the jurisdictional cut-off
for USACE on the River Rouge is the Michigan Central Railroad/Penn Central Railroad bridge

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The Project would not cause an increase in stormwater runoff, generate wastewater, or alter
surface or subsurface drainage to any waterbody. Any short term impacts resulting from
construction activities would be minimized and mitigated by use of Soil Erosion and
Sedimentation Control measures and measures set forth in the required National Pollutant
Discharge Elimination System permits. These permits include post-construction requirements on
new development, as well as stormwater controls during construction, for projects that disturb
more than one acre. MDOT is required to develop, implement, and enforce stormwater
management programs designed to reduce the discharge of pollutants from the MDOT drainage
system to the Maximum Extent Practicable (MEP) and is required to employ Best Management
Practices (BMPs), such as silt fences, check dams, and appropriately sized sediment basins.
Following construction, permanent BMPs would be implemented to further reduce impacts as
needed. These permanent BMPs may include permanent seeding. establishment of no mow
zones near and/or adjacent to water courses, detention basins with restricted outlets. and the use
of native vegetation incorporated into the final landscape design.

There is no Essential Fish Habitat in the State of Michigan, as defined by the National Marine
Fisheries Service. However, the majority of water-bodies support various communities of fish
species. Any work within the channel of streams or rivers is regulated by the Michigan
Department of Environmental Quality (DEQ) and would require a permit under Part 301 of P.A.
451 (1994, as amended). In cooperation with the resource agencies, MDOT would employ
avoidance, minimization and mitigation strategies to protect aquatic species and their associated
habitats during design and construction. Measures may include, but are not limited to, seasonal
work restrictions and preservation of fish passage.

Based on the proposed improvements to the Line, which include replacing ties and surface lines,
track resurfacing, upgrading signals and train controls, and adding warning devices, the Project
would not have an impact on groundwater or surface water quality. In the long term, these
improvements would not cause an increase in stormwater runoff, generate wastewater, or alter
surface or subsurface drainage to any waterbody. As such, the Project would have no significant
impact on groundwater, surface water quality, or fish species and their habitat.

Permits

A new DEQ National Pollution Discharge Elimination System (NPDES) permit is issued to
MDOT every five years. Because this Project would disturb more than one acre, the conditions
of the current NPDES permit related to management of stormwater runoff from the construction
site as well as management of stormwater from the completed Project would apply.

Because this Project would disturb more than five acres, a Notice of Coverage must be filed with
DEQ, including a copy of the Soil Erosion and Sedimentation Control (SESC) permit, a location
map, a copy of the SESC plan for the Project, the name and certification of the responsible
stormwater operator, and a filing fee. The contractor would have a documented program and
adequate procedures to comply with applicable soil erosion and sedimentation control


reasonably be avoided, these impacts would be identified and appropriate steps would be taken
to reduce any increase in the risk of flooding during construction.

Transportation

During construction, there would be temporary impact on both rail traffic and vehicular traffic.
Current freight service on this Line is approximately eight trains per day. Current intercity
passenger rail service on the Line is six one-way trains per day. Working with the local
communities and stakeholders, MDOT would direct track crews to be flexible and to complete
work during non-peak times to minimize the impact to existing services. Passenger and freight
rail traffic would be slowed through each construction site, temporarily increasing travel time,
but the number of trains will not be reduced.

Vehicular traffic would be detoured. Grade crossing upgrades would require working closely
with each community to ensure impacts are minimized when the work is being done. Working
with the local communities and stakeholders, the duration of grade crossing upgrades would be
minimized with accelerated work force crews, and scheduled at non-peak time for rail, motorized
vehicles, pedestrian, and bicycles. MDOT would obtain permits for detours needed on the grade
crossing upgrades. Signage would be provided to direct vehicles along the detour route, and to
advise of the expected duration of the detour.

Community Cohesion

During construction, the Project would temporarily impact communities that are adjacent to the
Line. There would be temporary delays at crossings, temporary changes in traffic patterns, and
additional construction noise and dust.

MDOT would implement the following mitigation measures to address temporary impacts:
minimizing disruption of traffic in the construction area by coordinating with local agencies and
the community; placing signs in all of the construction areas notifying motorists and pedestrians;
requiring that construction equipment have mufflers in good working order and that portable
compressors meet federal noise-level standards for equipment; and requiring that contractors
during construction would be responsible for adequate dust-control measures.

Hazardous Materials and Hazardous Waste

If hazardous waste is encountered, MDOT/contractor would coordinate with the Michigan DEQ
regarding the appropriate treatment and disposal options, consistent with Part 111 of Public Act
451 of 1994, and amendments thereto. In addition, proper precautions would be taken during
construction to ensure that construction workers are were not exposed to hazardous materials.
All contaminated media generated during construction would be disposed of in accordance with
state and federal laws at a licensed disposal facility.

In addition, design plans would be reviewed by MDOT prior to contract letting in order to
incorporate any additional social, economic, or environmental protection measures. The active

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Proposed Action

The Project consists of a series of infrastructure investments to the Line, including upgrading the
existing signal system, adding PTC, grade crossing improvements, and replacing track, ties, and
ballast to bring the Line into a state of good repair to support existing train frequencies of
approximately 14 passenger and freight trains per day and to allow 110-mph_ passenger
operations. In addition, the Project would involve acquiring the Line to establish long-term
stability for corridor maintenance and operations. The acquisition is subject to Surface
Transportation Board (STB) approval. The Project would be implemented in three phases, which
would overlap and/or occur concurrently, as described below:

Phase 1: Right of Way Acquisition and Final Design

In Phase 1. MDOT would refresh existing appraisals of the Line, negotiate and complete an
acquisition of Line, and would then complete final design for Phases 2 and 3. The amount of
funding for the acquisition and final design work of Phase | is dependent upon the appraisals
conducted and the specific acquisition terms agreed to by the parties There is up to $150 million
in federal funding available for such Phase I costs (which does not include the required 20
percent non-Federal matching funding from MDOT). The proposed acquisition of the Line
would allow MDOT to proceed with infrastructure improvements to bring the Line into a state of
good repair. These improvements would allow for increasing passenger train speeds up to 110
mph once the Project is complete.

Phase 2: Track Rehabilitation Investments

In Phase 2, MDOT would rehabilitate the track, including replacing 206,000 ties and replacing
the ties at switches and crossings along the entire length of the Line. The track within the ROW
would be surfaced with an average raise of 1.5 to 2 inches on clean new ballast. There are 48
public crossings from MP 25.30 at Willow Run to Kalamazoo that would be upgraded. MDOT
would also rebuild highway-rail crossings (or replace track structures at crossings entirely, as
required). Such crossing maintenance would include approximately 180 track crossing panels in
137 public crossings and approximately 74 crossing panels in 65 private crossings.

MDOT would install up to 60 ribbons of continuous welded rail (CWR) to replace worn second-
hand rail in curves that need to match new rail in highway-rail crossings (48 highway crossings
are in curves). Finally, under Phase 2, MDOT would conduct a second surfacing on curves to
achieve targets for super-elevation and a third pass for curves where the transition spirals needed
to be changed. Funding for the construction of Phase 2 consists of approximately $60 million in
federal funding.

Phase 3: Train Control/Signal Investments

In Phase 3, MDOT would improve the train control/signals, including replacing the existing
obsolete NS signal system with a PTC system. During Phase 3, MDOT would install fiber optic
communication along the entire Line, providing the foundation for the subsequent train control


The Project would not cause a disproportionately high and adverse affect on minority and low-
income population groups. The Project would have a positive effect on minorities and low-
income populations by improving accessibility and mobility and by generating construction jobs,
as well as permanent jobs for these communities. The Project would also reduce noise and air
pollution, and would significantly reduce passenger and freight train conflict points, if not totally
eliminate them, in southern Michigan. The Project would not displace minority and low-income
residents or minority owned businesses.

The Project would not result in significant adverse impacts to minority or low-income
communities.

Cultural Resources

Architectural Resources
There are 40 above-ground cultural and historic resources in the immediate vicinity of the
Project area. The Area of Potential Effect (APE) consists of the Line itself, existing crossings,
and 500 feet in any direction of the National Register of Historic Places (NRHP) eligible or listed
stations. A determination of No Adverse Effect under 36 CFR 800.5(b) was concurred upon by
the State Historic Preservation Office (SHPO) on August 17, 2011 based on the conditions as
listed below:

¢ — The railroad work would occur in the existing ROW. This Line has been an active
rail line since its original construction and previously was operated as a double track
rail line;

¢ No existing public crossing would be closed;

¢ No permanent easement or fee ROW would be acquired from historic above-ground
resources (proximity assumed to be within 500 feet of the resource);

e — All decorative fence installation is approved by an MDOT Historian: The decorative
fence is proposed for a limited number of locations. While the woven wire and/or
chain link fence is unobtrusive, the decorative fence is meant to stand out and may
not be appropriate in some situations;

¢ No rehabilitation work on railroad bridges would occur aside from normal
maintenance;

e No masonry culverts would be replaced; and

e All track work off existing ballast, or work involving crossing closures, crossing
installation or improvements, pedestrian crossing installation or improvements,
Americans with Disabilities Act (ADA) compliance, and/or platform installation or
improvements, within 500 feet in any direction of eligible or NRHP-listed depots,
freight houses, express buildings, coaling stations, interlocking towers, etc., must be
approved by an MDOT Historian.

Archaeological Resources

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Hazardous materials are not expected to be encountered during Project construction, and bulk
transport of hazardous materials is not expected to occur as a result of this Project. However, the
Project may result in the movement of limited quantities of hazardous materials necessary for
construction. All hazardous materials would be transported in accordance with federal
Hazardous Materials Regulations found in Title 49 of the Code of Federal Regulations.
Additionally, the U.S. Department of Transportation enacts and enforces all hazardous material
shipping laws, and compliance with these requirements would be overseen by the owners of the
trains or trucking companies.

The Project would have no impact in terms of hazardous materials.

Hazardous Waste

The Project would not likely encounter hazardous waste. However. if hazardous waste was
encountered, MDOT or their contractor would coordinate with the DEQ regarding the
appropriate treatment and disposal options of such waste, consistent with Part 111 of Public Act
451 of 1994, and amendments. In addition, proper precautions would be taken during
construction to ensure that construction workers are not exposed to hazardous materials.

A preliminary assessment of the Project area indicates that limited quantities of contaminated
media (soil, debris) may be encountered or generated during construction. The exact location of
such contaminated media would not be known until encountered/generated by construction
activities. Based on past sampling of this type of media, levels of contamination are not
expected to have hazardous characteristics as defined by the Environmental Protection Agency
(EPA), and therefore would not be classified as hazardous waste. All contaminated media
generated during construction would be disposed of in accordance with state and federal laws at
a licensed disposal facility.

The proposed improvements in the Line would not result in impacts to either shallow aquifers or
deeper drinking water sources. A review of the DEQ database revealed no areas of ground water
contamination or leaking under storage tanks (LUST sites).

The Project would have no significant impact in terms of Hazardous Waste.

Construction Impacts

Construction of the Project would create temporary noise impacts and temporary impacts to air
and water. MDOT would ensure that the construction contract specifications require that the
selected construction contractor adhere to all federal and state noise abatement and control
requirements. Noise would be controlled by measures such as, but not limited to, ensuring
construction equipment is in good repair and fitted with manufacturer recommended mufflers.

MDOT will also require the use of measures that reduce engine activity or reduce emissions per
unit of operating time. Construction equipment would be kept clean and in good operating
condition. MDOT’s Standard Construction Specification Sections 107.15(A) and 107.19 apply

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does not involve significant social, economic or environmental impacts. In order to conduct the
infrastructure investments, which are predominately maintenance activities, to ensure that a state
of good repair is maintained on the Line, and to safeguard the reliability of passenger rail service
along the Line, a change in ownership of the Line is needed.

No-Build Alternative

The No-Build Alternative involves taking no action to acquire or improve the Line. The Line
would remain operational, would decline from the current average speed of 55 mph, and would
provide for the operation of 3 daily round trip passenger rail trains. However, NS has indicated to
Amtrak and MDOT that they no longer have a business need to maintain the Line to support
freight traffic speeds above 25 mph, and that they plan to allow the Line to degrade and expect to
issue a series of slow orders to decrease allowable speeds over the next few years. Consistent
with this indication, NS issued a series of time table speed reductions on July 1, 2010, reducing
speeds from 79 mph to 60 mph on 41.2 miles of the Line (from Ypsilanti to Battle Creek at MP
28.1 to MP 51.9 and MP 124.4 to MP 132) and to 25 mph on a few shorter segments of the Line.
Additional slow orders are expected that would gradually reduce speeds to 60 mph on the Line
by the end of 2012. NS has also indicated that it would allow the Line to further degrade after
2012, which would further impede any efforts to improve passenger service.

Under the No-Build Alternative, there would be no upgrades or improvements to the Line, other
than routine maintenance to the track and signal systems. The average speed on the Line would
decrease by 7 mph due to degradation (resulting in a 56-minute travel time increase for
passengers traveling between Pontiac, Michigan and Chicago, Illinois as documented in
Amtrak’s report entitled The Amtrak Study for the NS Railway Section from Dearborn to

Kalamazoo (2010).

In addition, the No-Build Alternative would not improve the level and quality of passenger rail
service in southern Michigan, and would hinder opportunities for economic growth and for
strengthening Michigan’s manufacturing, service, and tourism industries. The No-Build
Alternative would not only contribute to the degradation of the passenger rail service within the
Project area, but would also degrade passenger rail service along the entire rail corridor between
Chicago and Detroit/Pontiac, and would negatively impact rail project investments along that
corridor. Service benefits from past and recently selected HSIPR projects along the Chicago-
Detroit/Pontiac rail corridor would be offset by the degradation in the Line.

The No-Build Alternative does not meet the Project’s purpose and need of improving the safety
of the existing rail service, providing greater mobility by increasing train speeds, bringing long-
term stability and a state of good repair to the corridor through acquisition of the Line, improving
access for existing industrial communities and fostering business growth, or promoting
environmental benefits.


FRA’s HSIPR Program for Phase 2 and Phase 3 of the Program, which consists of track
rehabilitation and signal improvements that would allow passenger trains to travel at 110 mph for
235 miles, 77 percent of the full Chicago to Detroit corridor, with an average train speed that
would be 21 mph greater than the current train speed, resulting in a 30 minute reduction in trip
ume.

MDOT prepared an Environmental Assessment (EA) for the Project in compliance with the
National Environmental Policy Act (NEPA) and FRA’s environmental procedures (64 FR 28545,
May 6, 1999).

Purpose and Need

The purpose of the Project is to improve safety (by upgrading the infrastructure and signals,
adding PTC, and improving railroad grade crossings) and to provide greater passenger rail
mobility on the Line (by increasing train speeds to 110 mph and by improving passenger rail
service travel time and reliability). The Project would provide an enhanced passenger rail
alternative to auto and air travel, which would also promote environmental benefits in the region
such as: reduced air pollution emissions, improved land use options, and fewer adverse impacts
to the surrounding habitat and water resources. In addition, the Project would improve access for
the communities in Michigan, support existing industries, foster growth of new and small
businesses and encourage large businesses to distribute their operations throughout Michigan.
The Project need is also derived from travel delays experienced by passenger and freight users of
the Line occurring as a result of the degradation of the Line (and NS’s plan to continue to lower
speeds on the Line). The Project would also help to address automotive congestion along the I-
94 corridor that runs parallel to the Line, and which results in travel delays and increased
transportation costs for highway users.

Alternatives

The proposed Project is located in southern Michigan, beginning in Kalamazoo (MP 143.7) and
ending at the Dearborn town line (MP 7.5).' The Project traverses through five counties in
southern Michigan ~ Kalamazoo, Calhoun, Jackson, Washtenaw, and Wayne — and serves the
cities of Kalamazoo, Battle Creek, Albion, Jackson, Ann Arbor and Dearborn. The Line is
currently owned by NS, one of the major freight carriers in Michigan. Freight service on the
Line includes approximately eight round trips a day.

Two alternatives were considered for the proposed Project, the No-Build Alternative and the
proposed action. There are no other reasonable action alternatives to the proposed action and the
build alternative under consideration involves no additional right-of-way (ROW) acquisition, and

' Between MP 120.54 and MP 121.89, passenger rail services run along a small section of
Canadian National-owned right-of-way. No improvements on that section are proposed as part of
this Project.


During the construction of the Project, MDOT would close each of the railroad crossings and
divert vehicular traffic to the nearest crossing remaining open during construction. Work on each
of the crossings would take 3-4 days. It is expected that track infrastructure improvements and
train control and signal improvements would be done over three construction seasons.

Track crews are flexible and would be scheduled to complete work during non peak times
including nights and weekends. Proper permits would be obtained for detours needed on the
railroad crossing upgrades. Signage will be provided to direct vehicles along the detour route,
and to advise of the expected duration of the detour.

The Project would not result in significant adverse impacts to transportation.

Land Use

The existing Line in southern Michigan is approximately 135 miles in length and runs adjacent
to multiple land use types. A review of city, township, and county master plans, zoning maps
and aerials (2009) of the Project area were used to determine the land use types. These land use
types include: agricultural, commercial, industrial, residential, and recreational. Most of the
existing Line runs through rural/agricultural areas, with the stations located in urban areas.

The infrastructure improvements associated with the Project would occur within the existing
ROW. These proposed improvements would not directly change land use in the Project corridor,
nor would it change the land use patterns in the region or affect future development patterns
beyond what is already existing or planned.

The improvements in reliability and travel time could indirectly affect land use by providing a
stimulus to new development, particularly in the vicinity of stations that are located within a
reasonable commuting time of employment centers, and on sites where it would be feasible to
construct a railroad spur.

The Project would not result in significant impacts in terms of land use.

Socioeconomic Resources

The Project would have a positive effect on the communities along the corridor by generating
new construction and permanent jobs, providing more efficient access to employment centers
located along the Line, reducing congestion on highways, reducing air and noise pollution by
removing conflict points between passenger and freight trains, and improving train speeds. The
Project would also complement the other proposed rail improvements in southern Michigan,
Indiana, and Illinois by reducing delays and increasing train speeds.

Community Facilities
A number of community facilities and services are found along the Line. However, construction
of the Project is within the existing Line right-of-way and would not adversely affect these or
any other community facility in the Project corridor.

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The Area of Potential Effects (APE) is confined to the existing Line ROW, which has been an
active rail line since its original construction, and historically was a double track rail line.
MDOT reviewed the state archaeological site files to analyze the possible impacts to previously
recorded archacological/cultural sites in or adjacent to the Line. The site file search identified 17
archaeological sites that possibly overlap the existing Line. Since the Project would not extend
outside the existing ROW, the Project would have no adverse effect on the seventeen identified
sites or on any other archaeological/cultural sites possibly located along the Line. The Office of
the State Archaeologist (OSA)/SHPO concurred that the Project would have no effect on
archaeological sites.

Section 4(f) Properties

Section 4(f) of the U.S. Department of Transportation Act of 1966 (as amended) prohibits the
use of publicly-owned land from any park, recreation area or wildlife/waterfowl refuge or land
from a historic site of national, state, or local significance for transportation Projects unless (1)
there is no prudent and feasible alternative to the use: and (2) the proposed Project includes all
possible planning to minimize harm.

Recreation Areas
A review of aerial photos and topography maps indicate that there are 27 public recreational
properties including parks, athletic fields, nature areas, and a golf course located adjacent to or in
the vicinity of the Line. However, no temporary or permanent ROW or easements would be
required from any public recreational property, and access would be maintained to the public
recreational properties, including trails, during construction.

Temporary impacts such as construction noise and dust may occur, however these impacts would
be limited because construction activities would persist for only short periods of time (2-3 days).

Historic Properties
There are numerous historic properties, both above-ground and archaeological, as previously
noted. Use of a Section 4(f) property occurs when there is a permanent incorporation of that
property into a transportation Project. Temporary occupancies that are adverse in terms of the
statute’s preservation purpose are also considered uses.

Since the Project would not extend outside the existing ROW, the Project would have no adverse
effect on the seventeen identified sites or on any other archaeological/cultural sites possibly
located along the Line.

The Project would have no use of recreational or historic Section 4(f) properties.

Hazardous Materials

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